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Coutts offers expert legal representation for individuals dealing with divorce. Our dedicated team includes an Accredited Family Law Specialist who is highly experienced in handling the intricacies of Family Law cases. We understand the sensitivity and complexity of Family Law matters, and we are committed to protecting the rights and well-being of our clients with compassion and precision.

Luisa Gaetani

Luisa Gaetani
Partner & Accredited Family Law Specialist

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A divorce is the legal end of a marriage and allows for either party to remarry. In Australia, we have a “no fault” divorce system, which means that the Court does not need to know why the marriage has ended.

To be eligible to make an Application for Divorce, section 39(3) of the Family Law Act 1975 (Cth) requires one of the parties to be able to satisfy the following criteria:

  • Be an Australian citizen;
  • Permanently live in Australia; or
  • Be an ordinarily resident in Australia or have been for one year prior to the filing of the application.

Once it is determined that one or both parties satisfy these criteria, the parties are eligible to make an application either solely or jointly.

In order to grant the parties’ application for Divorce, the court must first be satisfied that the parties are legally married. This is usually proven by filing a copy of the marriage certificate with the Court. Once this is established, in accordance with Section 48 of the Family Law Act 1975 (Cth), the parties must satisfy the Court that:

  1. The marriage has broken down irretrievably;
  2. They have been separated for a period of at least 12 months;
  1. a) If the couple are separated but living under the one roof, they must provide evidence, by way of, affidavits outlining their living arrangements;
  1. That there is no reasonable likelihood of the parties reconciling.

The Court sometimes has further requirements and may request further information before granting the Application for Divorce. This can include:

  • If you have been married for less than two years, both parties must attend marriage counselling and obtain a certificate of counselling.
  • If there are children who are under 18 years old, the Court will request information as to whether consideration and arrangements have been made regarding the care of the children.

What If my partner does not want a divorce – Can I apply solely?

If you wish to apply for a divorce, but your ex-partner does not want to, you can apply for it solely. This does involve more steps and can be more complicated. We recommend seeking legal advice before doing this to assist in preventing any issues.

How can Coutts help?

We assist our clients through every stage of the divorce process, from legal planning to the restructuring of their assets, allowing them to move on with their lives. We can also refer our clients to the Wills & Estates Department to assist with the restructuring of their Will. Our team of Family Lawyers are equipped to provide you with expert knowledge and advice relating to your divorce. We can also give you extensive information on your legal rights when filing for divorce.

What to Expect with Coutts Lawyers

Step 1: Initial Contact

Reach out to Coutts Lawyers via our website, phone, or in person. Briefly describe your matter.

Step 2: Consultation Appointment

Schedule and attend a meeting with a Coutts lawyer to discuss the specifics of your matter and desired outcomes.

Step 3: Information & Legal Advice

Share all related documents and information. Your lawyer will review everything, clarify aspects as needed, and then advise on the best action course.

Step 4: Action Plan Development

Based on the advice, an appropriate action plan will be formulated. This may involve communication, documentation processes, or further legal steps.

Step 5: Implementation

Execute the action plan, addressing a range of legal scenarios as necessary.

Step 6: Resolution & Closure

Navigate towards a resolution, with the path determined by the nature of the matter. Your Lawyer will outline any final actions or considerations.

Book Your Divorce Consultation Now

Introducing Luisa

Your Compassionate Lawyer

Meet Luisa, a Partner at Coutts Lawyers & Conveyancers, and an Accredited Family Law specialist. Luisa is the head of our esteemed Family Law team. Boasting over a decade of expertise, Luisa blends sensitivity with practicality, forging deep connections and trust with her clients. Her reputation as a foremost authority in Criminal and Family law is well-deserved.

Luisa Gaetani
Luisa Gaetani

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Divorce FAQ’s

In Australia, a divorce is the legal dissolution of a marriage, requiring proof of marriage breakdown and at least 12 months of separation.

After filing for an application for divorce, there is a mandatory waiting period of one month and one day. The Divorce Order will be issued relatively quickly after this period, provided there are no complications or disputes. However, if there are disagreements over things like property division, child custody, or spousal support, the process can take much longer, sometimes several months to a few years, depending on the complexity of the issues and the level of conflict between the parties.

To apply for a divorce, the court must be satisfied that the marriage has broken down irretrievably, the parties have been separated for at least 12 months, and there is no likelihood of reconciliation. Additional requirements apply for marriages under two years and for couples with children under 18 years.

If couples are separated but living under one roof, they must provide affidavits outlining their living arrangements as evidence of separation. The court may request further information and have additional requirements, particularly when children are involved, to ensure all considerations and arrangements have been made for their care.

Coutts assists clients at every stage of the divorce process, from legal planning to asset restructuring, and refers clients to the Wills & Estates Department for will restructuring. Their team of Family Lawyers provides expert knowledge, advice, and extensive information on legal rights when filing for divorce.

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